[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Notices]
[Pages 82387-82389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32923]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2010-1065; FRL-8854-8]
Product Cancellation Order for Certain Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's order for the cancellations,
voluntarily requested by the registrants and accepted by the Agency, of
the products listed in Tables 1A and 1B of Unit II., pursuant to
section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), as amended. This cancellation order follows two Notices of
Receipt of Requests from the respective registrants listed in Table 2
of Unit II. The notice dated August 25, 2010, pertains to the
fenoxycarb product registrations and the notice dated August 18, 2010,
pertains to the propetamphos product registrations. In those notices,
EPA indicated that it would issue an order implementing the
cancellations, unless the Agency received substantive comments within
the 30-day comment periods that would merit its further review of these
requests, or unless the registrants withdrew their requests. The Agency
did not receive any comments on the notice for fenoxycarb or
propetamphos and neither request was withdrawn. Accordingly, EPA hereby
issues in this notice a cancellation order granting the requested
cancellations. Any distribution, sale, or use of the products subject
to this cancellation order is permitted only in accordance with the
terms of this order, including any existing stocks provisions.
DATES: The cancellations are effective as provided in Unit IV.
FOR FURTHER INFORMATION CONTACT: Matthew Lloyd, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-0130; fax number: (703) 308-8090; e-
mail address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.
B. How can I get copies of this document and other related information?
EPA has established a docket for the fenoxycarb action under docket
identification (ID) number EPA-HQ-OPP-2010-0623. EPA has established a
docket for the propetamphos action under docket identification (ID)
number EPA-HQ-OPP-2007-1195. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov, or, if only
[[Page 82388]]
available in hard copy, at the Office of Pesticide Programs (OPP)
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.
II. What action is the agency taking?
This notice announces the cancellation, as requested by
registrants, of products registered under FIFRA section 3. These
registrations are listed in sequence by registration number in Tables
1A and 1B of this unit.
Table 1A--Fenoxycarb Product Cancellations
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EPA registration No. Product name
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100-722............................ Award Fire Ant Bait.
100-723............................ Fenoxycarb Technical.
499-437............................ Whitmire PT 2120 TF Preclude.
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Table 1B--Propetamphos Product Cancellations
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EPA registration No. Product name
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002724-00313....................... Propetamphos Technical.
002724-00450....................... Zoecon 9001 EW.
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Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Tables 1A and 1B of this unit, in
sequence by EPA company number. This number corresponds to the first
part of the EPA registration numbers of the products listed in Tables
1A and 1B of this unit.
Table 2--Registrants of Canceled Products
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EPA company No. Company name and address
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100................................ Syngenta Crop Protection, Inc.,
P.O. Box 18300, Greensboro, NC
27419-8300.
499................................ Whitmire Micro-Gen Research
Laboratories, Inc., 3568 Tree
Court Industrial Blvd., St. Louis,
MO 63122-6682.
002724............................. Wellmark International, Attn: James
McFadden, 1501 E. Woodfield Rd.,
Suite 200 West, Schaumberg, IL
60173.
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III. Summary of Public Comments Received and Agency Response to
Comments
During the public comment period provided, EPA received no comments
in response to the August 18, 2010 or August 25, 2010 Federal Register
notices announcing the Agency's receipt of the requests for voluntary
cancellations of products listed in Tables 1A and 1B, respectively, of
Unit II.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellations of the registrations identified in Tables 1A and 1B of
Unit II. Accordingly, for the fenoxycarb registrations (Table 1A), the
Agency hereby orders that Syngenta Crop Protection, Inc.'s technical
product (EPA Reg. No. 100-723) and the Whitmire Micro-Gen Research
Laboratories, Inc.'s end-use product (EPA Reg. No. 499-437) are
canceled effective immediately. The Agency further orders that Syngenta
Crop Protection Inc.'s end-use product (EPA Reg. No. 100-722) is
canceled effective December 31, 2012.
For the propetamphos registrations (Table 1B), the Agency hereby
orders that propetamphos technical product (EPA Reg. No. 2724-313) is
canceled effective immediately. The Agency further orders that the
propetamphos end-use product (EPA Reg. No. 2724-450) is canceled
effective March 30, 2012.
Any distribution, sale, or use of existing stocks of the products
identified in Table 1A and 1B of Unit II. in a manner inconsistent with
any of the provisions for disposition of existing stocks set forth in
Unit VI. will be a violation of FIFRA.
V. What is the agency's authority for taking this action?
Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the EPA Administrator may approve
such a request. The notice of receipt for the fenoxycarb action was
published for comment in the Federal Register issue of August 25, 2010
(75 FR 53240) (FRL-8843-1). The comment period for fenoxycarb closed on
September 24, 2010. The notice of receipt for the propetamphos action
was published for comment in the Federal Register issue of August 18,
2010 (75 FR 51053) (FRL-8840-3). The comment period for propetamphos
closed on September 17, 2010.
VI. Provisions for Disposition of Existing Stocks
Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. The existing stocks provisions for the products
subject to this order are as follows.
A. Disposition of Existing Stocks for All Fenoxycarb (Table 1A)
Products
Syngenta Crop Protection, Inc. is prohibited from using, selling,
or distributing technical fenoxycarb (EPA Reg. No. 100-723), except for
(i) Export consistent with FIFRA section 17, (ii) for proper disposal,
or (iii) to formulate existing stocks of the technical fenoxycarb (EPA
Reg. No. 100-723) into its end-use product (EPA Reg. No. 100-722)
effective immediately. After December 31, 2012, Syngenta Crop
Protection, Inc. is prohibited from selling or distributing its end-use
product (EPA Reg. No. 100-722), except for export consistent with FIFRA
section 17 or for proper disposal. Persons other than Syngenta Crop
Protection, Inc. are allowed to sell, distribute, and use existing
stocks of the canceled end-use product (EPA Reg. No. 100-722) until
supplies are exhausted, provided that such sale, distribution, and use
is consistent with the terms of the previously approved labeling on, or
that accompanied, the canceled product.
Whitmire Micro-Gen Research Laboratories, Inc. is permitted to sell
and distribute existing stocks of its end-use fenoxycarb product (EPA
Reg. No. 499-437) until December 31, 2013. Thereafter, Whitmire Micro-
Gen Research Laboratories, Inc. is prohibited from selling or
distributing its end-use product (EPA Reg. No. 499-437), except for
export consistent with FIFRA section 17 or for proper disposal. Persons
other than Whitmire Micro-Gen Research Laboratories, Inc. are allowed
to sell, distribute, and use existing stocks of the canceled end-use
product (EPA Reg. No. 499-437) until supplies are exhausted, provided
that such sale, distribution, and use is consistent with the terms of
the previously approved labeling on, or that accompanied, the canceled
product.
[[Page 82389]]
B. Disposition of Existing Stocks for All Table 1B Products
Wellmark International is prohibited from using, selling, or
distributing propetamphos technical (EPA Reg. No. 2724-313), except for
(i) Export consistent with FIFRA section 17, (ii) for proper disposal
or (iii) to formulate existing stocks of propetamphos technical (EPA
Reg. No. 2724-313) into its propetamphos end-use product (EPA Reg. No.
2724-450) effective immediately. After March 30, 2012, Wellmark
International is prohibited from using, as well as continuing to be
prohibited from selling or distributing, its propetamphos technical
(EPA Reg. No. 2724-313), except for export consistent with FIFRA
section 17 or for proper disposal.
The cancellation of the propetamphos end-use product (EPA Reg. No.
2724-450) is effective March 30, 2012. Wellmark International is
permitted to sell or distribute existing stocks of the canceled end-use
product (EPA Reg. No. 2724-450) until such stocks are exhausted.
Persons other than Wellmark International are allowed to sell,
distribute, and use existing stocks of the canceled propetamphos end-
use product (EPA Reg. No 2724-450) until supplies are exhausted,
provided that such sale, distribution, and use is consistent with the
terms of the previously approved labeling on, or that accompanied, the
canceled product. The existing stocks provisions outlined in this
notice are intended to allow depletion of the amount of technical
propetamphos (EPA Reg. No. 2724-313) that Wellmark International
currently has on-hand from purchases made prior to its decision to
request voluntary cancellation. Use until depletion will preclude
environmental disposal concerns of quantities of undiluted propetamphos
that cannot be formulated or used.
List of Subjects
Environmental protection, Pesticides, Pests.
Dated: December 14, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2010-32923 Filed 12-29-10; 8:45 am]
BILLING CODE 6560-50-P